----- Effective as of January 1, 2021 -----
ClearUnited Private Membership Association (PMA) is a private association that uses new technologies from the ClearFoundation and others such as ClearDID to help enable new communication, wellness, and medical membership organization(s). With the agreement to this membership agreement, I accept the offer made to become a member of the ClearUnited Private membership Association and agree to pay the Ten Dollar United States Dollars ($10.00 USD) monthly membership fee. I have read and agree with the following Declaration of Purpose from Article 1 of the ClearUnited PMA Articles of Association.
IT IS HEREBY Declared that we are exercising our right of “freedom of association”, the right of “free speech”, the right of “religious freedom”, and the “right of association” as guaranteed by the 1st, 7th, 9th, and 14th Amendments of the U.S. Constitution and equivalent provisions of the various State Constitutions. This means that our association activities are restricted to the private domain only. The [Public Domain] is the regular, default mode that is defined by legal terms as “commerce” or “commercial activity” and its governing agencies and bodies. We are operating outside the [Public] space.
1. The mission of our Association is to provide members with the highest level of private communication, quality care, and the most effective methods of treatment and education. Our Association treats members and their health and medical conditions, and not merely the symptoms experienced. We understand that wellness has many dimensions. The Association may provide comprehensive, conventional, complementary, and alternative care and education, to diagnose all aspects of a member’s condition. The Association strives to provide the most effective means of treatment at an affordable fee. More specifically, the Association may provide services to members on a variety of other/alternative treatments and modalities, some known now and others to be discovered in the future, as requested by members, including but not limited to: Diagnostic Health Testing, Treatment, Supplements and Education, all for the optimization of health and well-being as alternatives to standard medications.
2. The Association’s aim and charter are to give aid, render help to the sick and the afflicted. In so doing, we affirm the right of religious freedom which is not just religious or ecclesiastical in nature. We believe that the founding fathers who were responsible for the creation of the U.S. Constitution did so under the belief that we are all equal children under God who He himself bestowed us with “inalienable rights”, regardless of religious beliefs, affiliation, and tenants.
3. Our main objective is to communicate, learn, educate, select and choose modalities of diagnosis and treatment for our emotional and physical health and wellness: This Association of members hereby declares that we are standing on our rights to maintain and protect the God-given rights, constitutional guarantees, and civil liberties and freedom of every member and citizen of the United States of America. We believe that the Constitution of the United States exists to protect these rights.
4. We exercise our right to speak, ask for advice, guidance, and counsel, and are free to choose the therapies and treatments we want: We believe that the 1st, 7th, 9th, and 14th Amendments of the Constitution of the United States of America guarantees our members the rights of free speech, petition, assembly, and the right to gather together for the lawful purpose of advising and helping one another by asserting our rights under the Federal and State Constitutions. We proclaim the freedom to choose for ourselves the types of dialogistic testing therapies and treatment modalities that we think best for diagnosing, treating, and preventing illness and disease of our minds and bodies and for achieving and maintaining optimal wellness. We proclaim and reserve the right to include medical and health options that include but are not limited to cutting edge treatment modalities, diagnostics and therapies practiced or used by any types of healers or theorists or practitioners the world over whether traditional or nontraditional, conventional or nonconventional, allopathic or natural.
6. The Association will recognize any person who is in accordance with these principles and policies as a member and will provide a medium through which its individual members may associate for actuating and bringing to fruition the purposes heretofore declared.
7. No member will intentionally cause any other member of the Association harm, be it physical, spiritual, emotional, or financial (including but not limited to not bringing any type and or form of legal proceedings against the Association and/or other Member of the Association.
8. We proclaim the freedom to choose and provide for ourselves a free, independent, and secure environment and to enhance this environment for the promotion and advancement of ideas and beliefs in health and wellness.
MEMORANDUM OF UNDERSTANDING
The relationship between members and staff members: I understand that the staff members (those who are employed by the Association) who provide services and care do so in the capacity of a fellow member and not in the capacity of a [licensed healthcare provider]. I further understand that within the association no [doctor-patient relationship] exists but only a contract member-member Association relationship. In addition, I have freely chosen to change my legal status as a [public patient, customer, or client] to a private member of the Association. I further understand that it is entirely my own responsibility to consider the advice and recommendations offered to me by my fellow members (staff and non-staff members) and to educate myself as to the efficacy, risks, and desirability of same and the acceptance of the offered or recommended, therapy, treatment and care is my own carefully considered decision. Any request by me to a fellow member to assist me or provide me with the aforementioned therapy, treatment, and care is my own free decision in an exercise of my rights and made by me for my benefit, and I agree to hold the Trustees, staff, and other members and the Association harmless from any unintentional liability for the results of such care, except for harm that results from instances of a clear and present danger that raises to the level of substantive evil with malicious intent as determined by the Association and as stated and defined by the United States Supreme Court.
The Trustees of ClearUnited Conrad Rosenbrock, Wallice Randolph, & Michael Proper. They are the key persons that will lead the Association and carrying out its objectives.
The relationship between Federal and State Agencies, the privacy of records, and non-participation in [medical insurance]: In addition, I understand that, since the Association is protected by the 1st, 7th, 9th, and 14th Amendments to the U.S. Constitution, it is outside the [jurisdiction and authority of Federal and State Agencies and Authorities] concerning any and all complaints or grievances against the Association, and Trustee(s), members or other staff persons. All rights of complaints or grievances shall only be settled by an internal Association Committee. Therefore, for the benefit of the association and its members, I agree not to seek any remedy for relief in the [Public Domain]. I agree that my violation of any part of this membership contract would result in a [no contest legal proceeding] against me. The privacy and security of membership records maintained within the Association, which have been held to be inviolate by the U.S. Supreme Court, the undersigned member waives [HIPAA, ADA, FDA, FTC privacy rights and complaint process]. Any data, scans, surveys, analyses, tests, results, labs, or DNA samples kept by the association will be strictly protected and only released upon written request of the member, and not to be shared or sold in the [public domain] without express written consent of both the Association and the member. In addition, the Association does not participate in any [medical insurance plans or collections] on behalf of the member but will provide a suitable invoice for the member to pursue reimbursement by his/her [insurance company], if applicable. I agree to join the Association, a private membership association, and contract under common law, with other members that also seek to help each other achieve better health and live longer with good quality of life.
The relationship of the services you choose to receive: I understand that the other providers who are fellow members of the Association are offering me advice, services, and benefits that do not necessarily conform to conventional. I do not expect these benefits to include [on-call coverage, hospital care, or the usual and customary care provided by most physicians]. I will receive such [primary and specialist care elsewhere]. I fully understand that any benefits I may receive from the Association might or might not be covered by my [health insurance] and are not covered by [Medicare]. I fully agree not to file a lawsuit [malpractice, civil, or any other suit] against a fellow member of the Association, unless that member has maliciously forced me to a “clear and present danger that rises to the level of substantive evil” of “Criminal Intent”. I acknowledge that the members of the Association do not carry [malpractice insurance]. No member will intentionally cause any other member of the Association harm be it physical, spiritual, emotional, or financial. If such a danger arises, I will make a grievance report to the Association for an equitable decision against the other member(s).
Members are responsible for their own decisions: As a member, I accept the goals of helping my body function better and choosing techniques that are both very safe and have a reasonably good chance to succeed, realizing that no diagnostic technique or treatment is foolproof. If I choose to forgo drugs, surgery, or radiation that has been recommended to me by others, I fully accept the risk that I might suffer serious consequences from that choice. Other aspects of informed consent will take place in my discussions with the providers and my fellow members of the Association. I accept full and complete responsibility for my own life, and my own consequences for my own decisions in my journey for life, liberty, and my personal private pursuit of happiness.
Privacy and Safety of members and information: no malpractice insurance coverage: My activities within the Association are a private matter and I lawfully refuse to share with the [Public Domain, State Medical Board], the [FDA], [FTC], [Medicare], [Medicaid] or my own [insurance company] or any other [public corporation, including government agencies] without both my express permission and that of the Association. All records and documents remain as property of the Association, even if I receive a copy of them.
Member’s free will and agreement: I enter into this agreement of my own free will or on behalf of my dependent without any pressure or promise of a cure. I affirm that I do not represent any [State] or [Federal agency or corporation] whose purpose is to [regulate the practice of medicine and/or approve products for the public only]. I have read and understood this document, and my questions have been answered fully to my satisfaction. These pages and Article 1 of the Articles of Association of this Association consist of the entire agreement for my membership in the Association and they supersede any previous agreement. I understand ClearUnited PMA is an independent service provider of ClearUnited.
Terms of agreement and cancellation: I understand that I can withdraw from this agreement and terminate my membership in this Association at any time. Canceling my membership, in no way (a.) waives the adherence to the terms and conditions of this contract, (b.) refunds the annual membership fees, nor (c.) cancels any private contract entered into between other private members. I understand that my membership will auto-renew on the annual anniversary date of my membership and will continue to auto-renew until I decide to cancel, which I can do at any time by emailing [support@ClearUnited.com] with the subject line “PMA Renewal Cancelation Request” or in writing to Attn: ClearUnited Memberships [1145 S 800 E # 134 Orem, UT 84097] at least 14 business days prior to auto-renewal. I understand not renewing my membership will suspend membership status but not cancel membership until I voluntarily request to cancel in writing.
Membership Fee: I understand that the membership fee entitles me to receive those benefits declared by the Trustees to be “special assessments”, per Fee Schedule. I will pay the sum of $10.00 as consideration for my Monthly Membership Contract, said term beginning with the date of the signing of this contract, and do hereby certify, attest, and warrant that I have carefully read the above and foregoing ClearUnited PMA Contractual Application for Membership and I fully understand and agree with the same.
Why Join a Private Membership Association (PMA)?
In the US, there is a separation of Private and Public, (some refer to it as “church and state”).
Public: The “Public” domain is a legal group of people (“the Public”) who are governed and protected by a government entity. It is regulated by legislative laws.
Private: The “Private” domain is where individuals choose to contract between and govern themselves. It is protected by the U.S. Constitution and Bill of Rights.
Legislative Laws are passed for the “protection of the Public”. However, the first and fourteenth amendments of the Constitution provide for private individuals to assemble together into organizations that are considered private and thus are not governed by laws that apply to the public. These have come to be called “Private Membership Associations”. Examples include boys & girls clubs, boxing associations, and churches.
While not explicitly defined in the Constitution, the Supreme Court has acknowledged that certain implicit rights, such as association, privacy, and presumed innocence, share constitutional protection in common with explicit guarantees such as free speech in addition to the next paragraph which is an excerpt from the Arbitration Award and what is being submitted for Congressional Settlement. Specifically, the Supreme Court has described the right to associate as inseparable from the right to free speech. The right of association under the Constitution was heavily litigated in the 1950’s and 1960’s, and members’ rights were consistently upheld by the Court. In fact, the right of association became a cornerstone of the civil rights movement.
Private Membership Association members, parties, and beneficiaries are extended absolute immunity from all criminal, civil, administrative and other actions, procedures, and processes, and other laws, codes, rules, regulations, ordinances, et cetera of the United States of America, any and all States and their instrumentalities and political and other sub-divisions, Territories, and/or Possessions of the United States of America, and no court or tribunal of the United States of America, any and all States and their instrumentalities and political and other sub-divisions, Territories, and/or Possessions of the United States of America shall have authority over the parties and beneficiaries for any reason or cause, or to exercise jurisdiction over the prosecution, litigation and/or other against the parties and beneficiaries for any reason or cause.
In general, members of a private membership association do not fall under the jurisdiction of local, state, and federal governments and corresponding laws and regulations. The exception to this general rule is when the activities of the private membership associates present a clear and present danger of substantive evil.
What could come under scrutiny and in some cases be considered a criminal act outside the association can be perfectly legal within the protection of a private association. This right of association is not absolute; the U.S. Supreme Court has ruled in many cases that the State cannot interfere with private association activities unless the private members are being subjected to a substantial evil that would shock a person’s moral and common sense.
The right to associate is not limited to social or political activities. This right can be utilized for business activities (e.g. sale of alcohol). Members of a private membership association have the right to private contract under the due process liberty clause of the 5th and 14th Amendments, and states may not pass laws that impair the obligation of a contract. In conclusion, under the 1st, 5th, and 14th amendments we are granted due process.
Yet we must also look at the 10th Amendment; which guarantees that all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
We must look also at the 9th Amendment which guarantees certain inalienable rights to every man, woman, and child. Those inalienable rights include not only the freedom of life, liberty, property, speech, assembly, and due process, but any right or freedom which is not specifically given by the Constitution to the government. If the Constitution does not assign a specific right or freedom to the government, then we all have that particular right or freedom.
Those freedoms include the right of self-determination, homeschooling, choice of suppliers of products and/or services, choice of lifestyle, food, drink, and any right or freedom that does not infringe on the rights and freedoms of others or is a threat. In a private membership association, the members have all the rights and privileges not specifically banned by the association unless they present a clear and present danger of substantive evil.
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